Legal action filed against Ottawa for Canadian immigration backlog

According to this article from the Toronto Star, legal action has been filed against the Canadian government for taking too long to process immigration applications.

Imagine filing a Canadian immigration application between 2004 and 2008, and still not having any word on whether the application was approved or denied – because they haven’t gotten to it yet.
Then, imagine a new law created in 2008 to fast-track skilled worker applications – new ones – when yours has been sitting there all along.

An estimated backlog of 900,00 immigration applications has caused almost 300 people to file legal notices against Citizenship and Immigration Canada for not processing their immigration applications in a timely manner, despite having accepted application processing fees. And some are even accusing the government of not bothering with older applications at all anymore.

So far, the federal court has not said whether or not they would hear the cases, but they have confirmed that they have received the notice.

In 2003, the federal government paid out a multi-million dollar settlement to applicants after a similar rule that pushed aside pre-existing applications was removed. The current filing is not a lawsuit so there would not be a settlement, just a court ruling.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: Immigration Application Processing Backlog immigration applications Skilled Worker Permits

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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